What is a provisional
application?
When an application for patent is filed with the US Patent & Trademark
Office (USPTO), the status of the invention and the application is
known as “patent pending.” This legend may then be placed on
marketing materials or the goods themselves to notify the public
that an application has been filed. Provisional patent applications
were designed as a simpler and less expensive way for inventors to
get an application on file and begin the process of protecting an
invention. The provisional patent application remains on file with the
USPTO for one year (i.e. Expires in 12 months) while the inventor works to market their invention
and further develop a full utility patent application. The provisional
patent application was intended to provide the time to further develop
and fine tune the invention and to save inventors from unnecessarily
spending thousands of dollars on a full utility patent application
until after they were more technically and/or financially ready for
completing the requirements of the utility filing.
Is patent pending important?
A provisional patent application is significantly less expensive to prepare
and file than a full utility patent application (non-provisional patent)
while it still conveys the status of "patent pending" to the invention.
This may be important in establishing the priority of your invention
against other similar inventions or in defining what prior art will be
compared to your invention during examination of the full utility patent.
However, it is important to understand that a provisional patent application
is itself never examined, acting only as a “placeholder” for the full
utility application. If no utility application is filed within the year,
the application is abandoned forever. As with any application, there is
no guarantee that the idea will ever receive full patent protection.
How much does a Provisional Patent Application cost?
Cost = $499 (plus $110 US Patent Office filing fee)
We can assist you in the process of compiling and organizing your provisional
patent application, which you must file with the US Patent & Trademark Office
(USPTO). You may also utilize our electronic filing process to expedite the
application filing. Note, it is very important for a provisional patent application
to be completed with thorough and accurate information describing your invention.
If desired, we can also provide independent referrals for registered Patent
Attorneys/Agents to complete a utility or design patent application.
Disclaimer: Jacob Enterprises, Inc. (d/b/a: Invention Home) is not a law firm
and is not engaged in the practice of law. Invention Home does not and cannot
practice before the U.S. patent office and cannot offer legal consulation, advice
or services. We refer inventors to independent patent attorneys / agents for
their patent needs. |
